MELENDEZ BY MELENDEZ v. CITY OF PHILA.


320 Pa.Super. 59 (1983)

466 A.2d 1060

Wilfredo MELENDEZ, a minor by his parents and natural guardians, Justino MELENDEZ and Georgina Melendez, and Justino Melendez and Georgina Melendez in their own right, Appellants. v. CITY OF PHILADELPHIA.

Supreme Court of Pennsylvania.

Filed October 7, 1983.


Attorney(s) appearing for the Case

Mark Brownstein, Philadelphia, for appellants.

Jill A. Douthett, Assistant City Solicitor, Philadelphia, for appellee.

Before CAVANAUGH, ROWLEY and HOFFMAN, JJ.


ROWLEY, Judge:

This is an appeal from an order of the Court of Common Pleas of Philadelphia County which granted summary judgment in favor of the appellee, City of Philadelphia, and against the appellants, Wilfredo Melendez and his parents Justino and Georgina Melendez.

On September 12, 1976, fifteen year old Wilfredo Melendez was shot in the left eye by his neighbor, Edward Dietzel, during a racial confrontation between the residents of the neighborhood where...

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